Louis Flannery reviews two important appellate decisions showing judicial support for arbitration
In Fiona Trust and Holding Corp v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan), the Court of Appeal looked at the concept of separability of arbitration clauses in contracts. It grappled with problems that arise where a party to a contract containing an arbitration clause allegedly tainted by illegality seeks to challenge the jurisdiction of the arbitrator to consider any claims under the contract.
In West Tankers Inc v AS Riunione Adriatica di Sicurta SpA, The Front Comor [2007] UKHL 4, [2007] All ER (D) 249 (Feb), the House of Lords referred to the European Court of Justice (ECJ) the question of whether or not anti-suit injunctions are still available to restrain court proceedings brought in breach of an arbitration clause following two recent ECJ decisions that might suggest otherwise.
Fiona Trust: the facts
The contracts in Fiona Trust and Holding Corpn v Privalov [2006] EWHC 2583 (Comm), [2007] 1 All ER (Comm) 81, were time charterparties. It was alleged by the shipowner claimants that the
